Stone v. Conder

HILL, Judge.

Counsel have stipulated that the applicability of the Rule in Shelley’s case shall not be presented to the Court at this time. Therefore, we do not discuss that issue.

One question is presented for our consideration. Did the trial court err in granting summary judgment for the defendants on the ground that the plaintiff’s action was barred?

We note the trial judge made it clear that in summarizing the facts that he was not making findings of fact but merely reciting those material facts which he considered uncontroverted. In determining a motion for summary judgment, “the trial…